Citation Nr: 21065292 Decision Date: 10/25/21 Archive Date: 10/25/21 DOCKET NO. 17-41 560 DATE: October 25, 2021 ORDER Service connection for a right knee disability is granted. Service connection for a left knee disability is granted. FINDINGS OF FACT 1. Resolving any reasonable doubt in the Veteran's favor, her right knee disability symptomatology onset during service and has continued since. 2. Resolving any reasonable doubt in the Veteran's favor, her left knee disability symptomatology onset during service and has continued since. CONCLUSIONS OF LAW 1. The criteria for service connection for a right knee disability have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. 2. The criteria for service connection for a left knee disability have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from May 2000 to November 2012. This matter comes before the Board of Veterans Appeals (Board) on appeal from a November 2016 rating decision. In July 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing has been associated with the Veteran's claims file. Service Connection Bilateral Knee Disability Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection requires competent evidence showing: (1) the existence of a present disability; (2) in service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Additionally, service connection can also be established through application of a statutory presumption for chronic diseases when manifested to a compensable degree within 1 year of separation from service. 38 C.F.R. §§ 3.307, 3.309. If a chronic disease is not manifested to a compensable degree within the specified years after separation of service, then, generally, a showing of "continuity of symptoms" after service is required for service connection. 38 C.F.R. § 3.303(b). A layperson is competent to report on the onset and continuity of his or her current symptoms. Layno v. Brown, 6 Vet. App. 465, 470 (1994) (a veteran is competent to report on that of which he or she has personal knowledge). Furthermore, when there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall resolve reasonable doubt in favor of the claimant. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. Alemany v. Brown, 9 Vet. App. 518 (1996). In the current appeal, the Veteran contends that she began experiencing bilateral knee pain in service and that it has continued since then. Of note, her service treatment records are silent for any complaints of, treatment for, or diagnosis of any knee disabilities. However, her VA treatment records show that she has a current diagnosis of degenerative joint disease of the patellar femoral joint bilaterally, patellar mal-tracking, and bilateral knee pain. Additionally, her VA treatment records show that she has reported experiencing bilateral knee pain numerous times since separation from service. At the July 2021 hearing, the Veteran testified that she began experiencing bilateral knee pain while she was deployed and that it has continued since her separation from service. She explained that she believes her bilateral knee pain is the result of repeatedly wearing steel toed boots while carrying 50 pounds of flight gear and from performing numerous flight missions in F-18 and F-14 jets, which required her to spend several hours at a time restricted to one position and unable to extend her legs. She also testified that she believes the bilateral knee pain she experienced during service contributed to her lower legs falling asleep and not being able to lift her front foot. She explained that, while deployed in 2003, she sought treatment for lower leg numbness and footdrop, which she believed to be related to her knee pain. Review of her service treatment records confirm that she was treated for left lower leg numbness and mild footdrop in May 2003. However, there is no mention of knee pain in the visit note. As noted above, as a lay person, the Veteran is competent to give evidence about observable symptoms such as pain and onset of symptoms. Layno, 6 Vet. App. at 465. As such, the Board finds the Veteran's competent lay testimony to be credible. Given the above, the Board finds that the evidence is at least in equipoise that the Veteran's bilateral knee disability onset during service. Thus, resolving any reasonable doubt in the Veteran's favor, the Board finds that the evidence supports a finding that the Veteran's bilateral knee disability onset in service and has continued since then. Gilbert, 1 Vet. App. at 49. Accordingly, service connection for a bilateral knee disability is granted. In reaching this decision, the Board acknowledges that the Veteran has not been afforded a VA examination of her knees. For the reasons stated herein, the Board finds that there is sufficient evidence of record to grant the service connection claims on appeal without scheduling her for such a VA examination. The Board emphasizes that VA may not order additional development for the sole purpose of obtaining evidence unfavorable to a claimant. Mariano v. Principi, 17 Vet. App. 305, 312 (2003). THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Benson, Associate Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.